R2009-236 AUTHORIZING REDEVELOPMENT AGREEMENT Pines Shopping Center

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�S� � Cn o. then and in every sucl� case the Redeveloper and the City shall be restored respectively to r� r ri h reme ies an wer of h � their several positions and rights hereunde , and all g ts, d d po s t e rt Redeveloper and the City shall continue as though no such proceedings had been taken. �:i. R "�g 11.3 Other Rights and Remedies of City and Redeveloper: Delay in Performance Waiver. � � �� 11.3.1 No Waiver by Delay. Any delay by the City or the Redeveloper in instituting or ,i prosecuting any actions or proceedings or otherwise asserting their rights under � this Agreement shall not operate to act as a waiver of such rights or to deprive �s them of or limit such rights in any way (it being the intent of this provision that the City or the Redeveloper should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedies provided in this Agreement because of concepts of waiver, laches or otherwise); nor shall any waiver in fact made by the City or the Redeveloper with respect to any specific Event of Default by the Redeveloper or the City under this Agreement be considered or treated as a waiver of the rights of the City or the Redeveloper under this Section or with respect to any Event of Default under any section in this Agreement or with respect to the particular Event of Default, except to the extent specifically waived in writing by the City ar the Redeveloper. 11.3.2 Rights and Remedies Cumulative. The rights and remedies of the parties to this A eement or their successors in interest whether rovided b law or b �' � ) P Y Y this Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the time or different times, of any other such remedies for the same Event of Default by the other party. No waiver made by either such party with respect to the performance, nor the manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. 11.3.3 Delay in Performance. For the purposes of any of the provisions of this Agreement except with regard to payment of real estate taxes as provided herein, neither the City, nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or in default of, its obligations with respect to the beginning and completion of construction of the Project, or progress in respect thereto, in the event of enforced delay in the performance of such obligation due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to acts of God, acts of the public enemy, acts of federal, state or local government, acts of the federal or state judiciary, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, embargoes, acts of nature, unusually severe weather or delays of subcontractors due to such causes; it being the purposes and intent of this provision that in the event of the occurrence of any such enforced delay, the tiine or times for performance of the obligations of the City or the Redeveloper with respect to the beginning and completion of the construction of the Project, the Public Projects or the Public Improvements shall be extended for the period of City of Decatur/Pines Shopping Center Redevelopment Agreement 15